I just want to know if I can be eligible for an EB2 visa...I have a bachelor of science in occupational therapy in the Philippines and I am taking up an advanced degree in OT online here in the US..the question is...can I apply for EB2 after I had finished the advance degree in OT?
In my opinion, if your job requires an advanced degree, you can apply for EB-2.
My GC application has been filed under EB3. 140 has been approved, PD-08/2008. I hold a MS degree from US and possess 5yrs work experience. I've recently been moved to a new role. While the role itself don't require a MS degree, will I be eligible to file an EB2 application if the role required a BS + 5yrs work experience?
My Wife is an Indian citizen but was born in Kuwait and is on H4 currently. Is the concept of "Cross Eligibility" applicable to my GC application? If yes, how do we take advantage of it?
You can apply for EB2 if the job requires Bach. with 5 years of post bach. exp. and yes, you can use cross chargeability. Discuss details with your lawyers.
If one has an approved I-140, does he/she to move to a similar job/position/field to save the PD?
No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).
With the good movement in the Aug 2010 bulletin, the AOS got approved for my family. Without the guidance of the entire team at Law offices of Rajiv Khanna that worked on my case, this would not have been possible. To name a few that i remember starting with Rajiv who gave me good confidence to hire him for the services during our intial conversations: Rajiv, Prerna, Richa, Moahana, Mathew, Anna, Leslie, Heather, Mark. I am sorry if i have missed out anyone and the people behind the scenes. Each one of these guys have been amazing and great and never was i disappointed in the whole process (except for the long wait, which is not your fault). I very fondly remember the visagate episode in 2007. When the word spread around about it, it was late in the evening and someone was there in your office to answer my queries, which helped me make a decision to drive overnight, down to Staunton from New Haven CT, along with my 4 month old, my wife and my father in law to reach there early morning and finish the process of filing for the I-140 and I-485. Everybody at the office was very helpful even under the stress that they were in when being bombarded by so much to do in such a short time. Additionally i believe the right advise was always delivered in a timely manner and everyone worked with me to help my case progress at a good pace. I cannot thank you enough for all your help and guidance and would very highly recommend your services to anyone. Thanks again for your help. Warm Regards Yash Agarwal
We just did recently receive our US Green Card (EB2) for both my wife and me. Keeping all those melodrama apart, in short, is extremely pleased and has no words to express ourselves. We want to thank everyone working with Law Offices of Rajiv (Immigration.com) and especially Mathew, Suman-Ji, Bharathi, Anna, Rita and last but not the least Rajiv himself. On a true note, they are extremely professional and super prompt in answering any of your stupidest questions on Immigration. Rajiv is extremely desperate in taking cases through to positive destiny using and interpreting every piece of immigration law that according to me, a lot of his competitors would try and avoid.
In last 6-years they have done our multiple successful H1B/H4 renewals, this Green Card case, and hopefully would be the one helping us on our US Citizenship process, about 5-years from now.
All of you guys out there, if you have any immigration issues, and want a little piece of mind, please do not wait. schedule an immediate appointment with them and be happy from thereon.
Just for information, our US born baby girl is about 2.5 months old now. Once she grows up a bit, would surely want to pay them a visit. We wish them all the very best as of now and in future.
Background:
1) PD - Initial Filing - EB2 MAR 2014 (Two Different EB2 filings with two different employers A and B)
3) Downgraded to EB3 with Employer B (New Petition but using the same EB2 PERM with Employer B) In Nov 2020, Filed I-485 Concurrently
3) Change to a different Full-Time AC21 - Same or Similar Role (Employer C) - Using AOS EAD
4) I-485 Got Approved in E26 Category (EB-2) before any I-485J submission whatsoever.
4) Initiated an inquiry with the Congressman to confirm this card is legitimate for usage and no errors / issues; still waiting on USCIS Response.
5) Spouse's I-485 also Got Approved about 2 weeks AFTER this inquiry was already sent over to USCIS (E27 Category).
Questions:
1) Suppose that a congressman's written response from USCIS comes back affirmative for legitimacy of the approvals quoting USCIS discretionary authority. There is also a recent trend of many such approved cases where the applicant had at least one prior approved EB-2 petition with PD current - so this situation does not seem to be unique any more.
Should we still then pursue USCIS E-Request / I-90 submission avenues from our side - would it really be worth to continue stretching this any further at that point ?
2) You had indicated that until notified otherwise, this LPR card can be used for Travel Purposes. Can it also be used to say take up a second week-end / part time job, renewal of driver's licenses etc. ?
3) If you use this card for any of the above purposes, and unfortunately USCIS response were to be negative, do you lose your status - have to do any reinstatement etc. particularly in the travel situation usage of LPR Card ?
4) Can you continue using your AOS EAD / AP instead during this seemingly weird time window, since that also is a USCIS-issued valid non-expired travel and work authorization ? In general, can you continue its usage until the expiry date, regardless of your I-485 status ?
1. I would suggest that you submit the E-request with an I-90 saying this green card appears to have been approved with an error.
2. My advice would be to avoid it if you can. But if you have to I think you can argue quite successfully that travel was valid and it does not affect your pending green card.
3. I do not think so because you have an EAD/Advance Parole.
4. I think you have a pretty strong argument. You can definitely continue using your EAD, but do not use your Advance Parole if you can.
Discussion Topics:
FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||
Background: Applied I-485 application under EB3 after downgrade from EB2 in 2020. Refiled another I- 485 application under EB2 in 2021. Received EAD/ AP combo card from EB3 application in Jan 2022. Used it to travel out of country in July 2022. Green card approved in EB2 category while out of country. Entered USA using the Advance Parole from EB3 in August 2022 as the green card was in mailbox in USA. At Port of Entry, I informed them about the approval of I-485. However, they paroled me in for 1 year until August 2023 and stamped Advance pare in my passport. I collected my physical card from the mailbox after reaching my home.
Question
What is my status now- Green card or Advance parole? Any impact on my green card status with that AP stamp as I used AP from EB3 after approval of green card from EB2? I did not receive any notice form USCIS about withdrawing EB3 application after they granted green card under EB2. Should I ask USCIS to cancel the EB3 application or assume that it is automatically canceled by USCIS?
You can contact the Customs and Border Protection (CBP) and go to one of their offices which is usually at the airport. They are called Deferred Inspection. As a green card holder, they might be able to change your I-94 or your admission to a green card holder. I would also like you to double check first with the CBP and then with the congressman.
I have had a very good experience on my Green Card process from the attorneys at immigration.com. My application process started off around 2007 and till date, all the time I have received friendly response from all the staff from this attorney(I have interacted with around 3 or 4 people during my green card process) Specifically, I want to highlight Sheena Gill on her approach, care and attention she shows. My green card process had some hiccups in the form of I140 RFE and she did a great job on responding to that RFE. If not her, I may have been in trouble. She spent extra effort in understanding the reason of RFE and then suggested me to bring various evidence, did excellent job in compiling them and writing up a detailed RFE response. I was also very impressed, when Sheena tried tell me that my I485 was approved. She tried to call me, but due to mobile signal issues, I was not reachable. She dug out my home phone number and contacted my spouse to find out where I am. In comparison, others would have just left a voice mail and could have waited until I call them back. Apart from the Green Card process, I have received tips and help on other USCIS related matters from all the team at immigration.com, with out making me feel that they are doing favor. I have recommended these attorneys to few of my friends and will keep doing that in future.